Title 5--ADMINISTRATIVE PERSONNEL
Chapter I--OFFICE OF PERSONNEL MANAGEMENT


to all incumbents of such positions. Except as expressly provided in the rule concerned, the rules in this subchapter shall not apply to positions and employees in the...


excepted therefrom by or pursuant to statute or by the Office of Personnel Management (hereafter referred to in this subchapter as OPM) under Sec. 6.1 of...


``classified (competitive) service'', or ``classified civil service'' as defined in existing statutes and executive orders. (b) Competitive position shall mean a position...


excepted from the requirements of the Civil Service Act or from the competitive service by or pursuant to statute or by OPM under Sec. 6.1 of this subchapter. ...


competitive service which will fairly test the relative capacity and fitness of the persons examined for the position to be filled. OPM is authorized to establish standards...


which will permit adjustment of the career service to necessary fluctuations in Federal employment, and provide an equitable and orderly system for stabilizing...


positions in agencies' headquarters offices which are located within the metropolitan area of Washington, DC, shall be made so as to maintain the apportionment of appointments...


or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and...


time limits, or other requirements as OPM may prescribe the following classes of persons may acquire a competitive status without competitive examination: ...


to be appointed, OPM may authorize an appointment in the competitive service without competitive examination whenever it finds that the duties or compensation of the position...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR3.3] [Page 10] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 3--NONCOMPETITIVE ACQUISITION OF STATUS (RULE III)--Table of Contents Sec. 3.3 Conversion of appointments. Any person who acquires a competitive status under this part shall have his appointment converted to career-conditional appointment unless he meets the service requirement for career appointment prescribed under Sec. 2.2(a) of this subchapter. ...


his official authority or influence for the purpose of interfering with an election or affecting the result thereof. No person occupying a position in the competitive...


take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the...


the competitive [[Page 11]] service for the purpose of either improving or injuring the prospects of any applicant for appointment. [28 FR 10024, Sept. 14, 1963,...


out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in title 5, United States Code, the Civil Service Rules, and all other statutes...


all Executive orders imposing responsibilities on the Office by: (a) Investigating the qualifications and suitability of applicants for positions in the...


Executive orders, by: (1) Instructing an agency to separate or take other action against an employee serving an appointment subject to investigation when...


Protection Board, or by authorized representatives of these bodies, agencies shall make available to them, or to their authorized representatives, employees to testify...


appointments thereto through competitive examination are not practicable. These positions shall be listed in OPM's annual report for the fiscal year in which the...


schedules shall constitute parts of this rule, as follows: Schedule A. Positions other than those of a confidential or policy- determining character for which it is...


persons without civil service eligibility or competitive status and such persons shall not acquire competitive status by reason of such appointment: Provided, That OPM, in...


apply to removals from positions listed in Schedules A and C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR6.5] [Page 13] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 6--EXCEPTIONS FROM THE COMPETITIVE SERVICE (RULE VI)--Table of Contents Sec. 6.5 Assignment of excepted employees. No person who is serving under an excepted appointment shall be assigned to the work of a position in the competitive service without prior approval of OPM. ...


of OPM's decision making these changes shall be published in the Federal Register. [E.O. 11315, 3 CFR, 1966-1970 Comp., p. 597, as amended by E.O. 12043, 43 FR 9773,...


system determine it to be in the interest of good administration and consistent with the intent of the civil service laws and any other applicable laws, they may enter into...


the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS-15 of the General Schedule, and shall...


a civil service register or by noncompetitive selection of a present or former Federal employee, in accordance with the Civil Service Regulations. He shall exercise...


service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting,...


person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States. (c) OPM may, as an exception to this rule...


under the preceding Rules, OPM may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in Sec....


service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of OPM...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR8.3] [Page 15] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 8--APPOINTMENTS TO OVERSEAS POSITIONS (RULE VIII)--Table of Contents Sec. 8.3 Appointment of persons not citizens of the United States. Persons who are not citizens of the United States may be recruited overseas and appointed to overseas positions without regard to the Civil Service Act. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR8.4] [Page 15] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 8--APPOINTMENTS TO OVERSEAS POSITIONS (RULE VIII)--Table of Contents Sec. 8.4 Positions excepted from the application of this part. This part shall not apply to positions in Hawaii, Puerto Rico, the Virgin Islands, and Alaska, and on the Isthmus of Panama. ...


terms are defined in chapter 1 of title 5, United States Code, but does not include the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense...


civilian employees, including positions and employees in the competitive, excepted, and Senior Executive services, in a manner and at times prescribed by the Director....


defined in Rule IX, but does not include a Government corporation or the General Accounting Office; and (b) 'Merit system principles' means the principles for Federal...


agency to establish and maintain a system of accountability for merit system principles that (1) Sets standards for applying the merit system principles, (2) Measures...


may review the human resources management programs and practices of any agency and report to the head of the agency and the President on the effectiveness of these...


to provide notice of its new regulations. Each special bulletin will transmit: (a) A reprint of the notice of rulemaking which appears in the Federal Register. ...


for review. Offices receiving the reprints of notices of rulemaking described in Sec. 110.101(a) will make them available for review upon request. Each office will complete...


the Paperwork Reduction Act of 1980 (Pub. L. 96-551), control numbers assigned by the Office of Management and Budget must be displayed with agency information...


(b) State or local agency means the executive branch of a State, municipality, or other political subdivision of a State, or an agency or department thereof. (c)...


the widest extent consistent with the restrictions imposed by law and this part. A State or local officer or employee may participate in all political activity...


(a) Use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; or (b) Directly or...


or an individual authorized by law to act as Governor; (b) The Mayor of a city; (c) A duly elected head of an executive department of a State or municipality who...


``National Security Information,'' and Information Security Oversight Office Directive No. 1 concerning national security information. [45 FR 995, Jan....


request a mandatory review of any classified document, held by the Office of Personnel Management, which was classified for national security purposes by the Civil...


(OPM) under the Federal Tort Claims Act, as amended, for money damages against the United States for injury to or loss of property or personal injury or death caused...


and 2675, a claim is deemed to have been presented when OPM receives from a claimant, his or her authorized agent or legal representative, an executed Standard Form 95...


property, his or her authorized agent or legal representative. (b) A claim for personal injury may be presented by the injured person, his or her authorized agent or...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR177.104] [Page 21] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 177--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 177.104 Investigations. OPM may investigate, or may request any other Federal agency to investigate, a claim filed under this part. ...


may be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence showing cause of death, date of...


to consider, ascertain, adjust, determine, compromise, and settle claims under the provisions of 28 U.S.C. 2672, and this part. The General Counsel, in his or...


excess of $25,000 can be effected only with the prior written approval of the Attorney General or his or her designee. For purposes of this paragraph, a principal claim and...


the Department of Justice is otherwise to be requested, under Sec. 177.107, the written referral or request will be transmitted to the Department of Justice by the General Counsel...


attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial. But, it must include...


Standard Form 95 (Claim for Damage, Injury or Death); a claims settlement agreement; and a Standard Form 1145 (Voucher for Payment), as appropriate. When a claimant is represented by...


to Deceased Beneficiaries Sec. 178.101 Scope of subpart. Authority: 31 U.S.C. 3702; 5 U.S.C. 5583; 38 U.S.C. 5122; Pub. L. No. 104-53, 211, Nov. 19,...


to Deceased Beneficiaries Sec. 178.102 Procedures for submitting claims. (a) Content of claims. Except as provided in paragraph (b) of this section, a...


to Deceased Beneficiaries Sec. 178.103 Claim filed by a claimant's representative. A claim filed by a claimant's representative must be supported by a...


to Deceased Beneficiaries Sec. 178.104 Statutory limitations on claims. (a) Statutory limitations relating to claims generally. Except as provided...


to Deceased Beneficiaries Sec. 178.105 Basis of claim settlements. The burden is upon the claimant to establish the timeliness of the claim, the liability...


to Deceased Beneficiaries Sec. 178.106 Form of claim settlements. OPM will send a settlement to the claimant advising whether the claim may be allowed in...


to Deceased Beneficiaries Sec. 178.107 Finality of claim settlements. (a) The OPM settlement is final; no further administrative review is available...


Authority: 5 U.S.C. 5581, 5582, 5583. (a) Accounts covered. This subpart prescribes forms and procedures for the prompt settlement of accounts of deceased civilian...


(a) The term deceased employees as used in this part includes former civilian officers and employees who die subsequent to separation from the employing agency. (b) The term...


(a) Agency notification. The employing agency shall notify each employee of his or her right to designate a beneficiary or beneficiaries to receive money due, and of...


To facilitate the settlement of the accounts of the deceased employees, money due an employee at the time of the employee's death shall be paid to the person or...


(a) Claim form. As soon as practicable after the death of an employee, the agency in which the employee was last employed will request, in the order of...


All unnegotiated United States Government checks drawn to the order of a decedent representing money due as defined in Sec. 178.202, and in the possession of...


(a) District of Columbia and Government corporations. Claims for unpaid compensation due deceased employees of the government of the District of Columbia shall be paid...


When not in conflict with this subpart, the provisions of subpart A of this part relating to procedures applicable to claims generally are also applicable to...


collection, compromise, termination, and referral to the Department of Justice of claims for money and property that are prescribed in the regulations issued jointly by...


designated by the Director and authorized to perform all the duties for which the Director is responsible under the Debt Collection Act of 1982 and Office of...


purpose of the Debt Collection Act of 1982 (Pub. L. 97-365), is to provide a comprehensive statutory approach to the collection of debts due the Federal Government. These...


Federal employee's pay by salary offset to satisfy certain debts owed the Government. (b) These regulations apply to all collections by the Director of OPM (except...


means: (1) An Executive Agency as defined by section 105 of title 5, United States Code; (2) A military department as defined by section 102 of title 5, United...


those involving retirement, life, and health insurance debts for recovery by the Associate Director for Retirement and Insurance) in instances where: (a) OPM...


employee from requesting waiver of an overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting...


not be made unless the creditor agency provides the employee with written notice that he/she owes a debt to the Federal government a minimum of 30 calendar days before...


employee who desires a hearing concerning the existence or amount of the debt or the proposed offset schedule must send such a request to the office designated in the notice...


agency in all cases where: (1) The hearing official determines that a debt exists; (2) The employee fails to contest the existence and amount of the debt by failing...


notice of intent, an employee may propose to repay the debt by making voluntary installment payments as an alternative to salary offset. An employee who wishes to repay a...


may, at any time, request a special review by the Office of the amount of the salary offset or voluntary payment, based on materially changed circumstances such as, but...


OPM payroll office will send the OPM employee, identified in the certification as the debtor, a written notice of salary offset. Such notice shall, at a minimum: ...


deductions under this subpart. (b) OPM payroll office shall determine the amount of an employee's disposable pay and implement the salary offset. (c)...


(1) The Director or his or her designee shall coordinate debt collections with other agencies and shall, as appropriate: (i) Arrange for a hearing or special...


administrative costs on debts owed pursuant to 31 U.S.C. 3717 and 4 CFR part 101.1 et seq. Penalties and administrative costs will be assessed on all delinquent debts. ...


5 U.S.C. 5514 when: (1) The debt is waived or otherwise found not to be owing the United States (unless expressly prohibited by statute or regulation); or (2)...


Office will provide a hearing official upon request of the creditor agency when the debtor is employed by the Office and the creditor agency cannot provide a prompt and...


a debt collected under this subpart must not be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of contract or...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR179.218] [Page 38] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 179--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart B--Salary Offset Sec. 179.218 Additional administrative collection action. Nothing contained in this subpart is intended to preclude the use of any other administrative remedy which may be appropriate. ...


These regulations apply to the collection of debts owed to the United States arising from transactions with OPM other than those involving...


payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government. Person, includes a...


from a person under section 3(a) of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711(a)), may collect the debt by administrative offset subject to...


notice of intent to offset shall be sent to the debtor by certified mail, return receipt requested, at the most current address that is available to OPM. The notice...


40]] debt, or the terms of repayment. The request to review a disputed debt must be received by the OPM official identified in the notification within...


debt collected by administrative offset will be afforded an opportunity to negotiate a written agreement for the repayment of the debt. If the financial condition of the...


the time specified in Sec. 179.305 or, if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative...


made to the debtor prior to the completion of the procedures required by Sec. Sec. 179.304 and 179.305 if failure to take the offset would substantially jeopardize OPM's ability...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR179.309] [Page 41] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 179--CLAIMS COLLECTION STANDARDS--Table of Contents Subpart C--Administrative Offset Sec. 179.309 Additional administrative procedures. Nothing contained in this chapter is intended to preclude the use of any other administrative remedy which may be available. ...


of Personnel Management to settle and pay (including replacement in kind) claims of officers and employees of OPM, amounting to not more than $15,000, for damage to or...


whose claims arose out of incidents which occurred before their separation; (3) The authorized agent or legal representative of persons in Secs. 180.102(a)(1)...


armed conflict occurs within the 2-year period following accrual, when claimant shows good cause, the claim may be presented within 2 years after the cause ceases to exist but...


wrongful act of the claimant, claimant's agent, a member of claimant's family, or claimant's private employee (the standard to be applied is that of reasonable care under...


act of the claimant, claimant's agent, claimant's employee, or a member of claimant's family; (2) The damage or loss occurred in quarters occupied by the claimant...


insurer: (1) Whenever property is damaged or lost while being shipped pursuant to authorized travel orders, the owner must file a written claim for reimbursement with the...


excess of $500 shall be filed with the Office of the General Counsel, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415. Claims shall be in...


and arising under this part. The General Counsel is authorized to settle and pay any claim not exceeding $15,000 and arising under this part. Unless cognizable under...


at 31 U.S.C. 3801-3812. Section 3809 requires each authority head to promulgate regulations necessary to implement the provisions of the statute. The subpart...


or detailed to the authority pursuant to 5 U.S.C. 3344. Authority means the Office of Personnel Management (OPM). Authority head means the Director of the Office...


a civil penalty of not more than $5,000, where the person makes a claim and knows or has reason to know that the claim: (1) In false, fictitious, or fraudulent; ...


or she may issue a subpoena. (1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and...


there is adequate evidence to believe that a person is liable under Sec. 185.103, the reviewing official shall transmit to the Attorney General a written notice of...


Justice approves the issuance of a complaint in a written statement described in section 3803(b)(1) of title 31 of the United States Code, and (2) In the case...


31 of the United States Code, the reviewing official may serve a complaint on the defendant, as provided in Sec. 185.108. (b) The complaint shall state the following: ...


of the Federal Rules of Civil Procedure. Service is complete upon receipt. (b) Proof of service, stating the name and address of the person on whom the complaint was served,...


(b) In the answer, the defendant: (1) Shall admit or deny each of the allegations of liability made in the complaint; (2) Shall state any defense on which the...


may refer the complaint to the ALJ. [[Page 53]] (b) Upon the referral of the complaint, the ALJ shall promptly serve on the defendant in the...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.111] [Page 53] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.111 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


manner prescribed by Sec. 185.108. At the same time, the ALJ shall send a copy of such notice to the reviewing official or his or her designee. (b) Such notice...


transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or [[Page 54]] (3) In such other...


shall be represented by the members of the Office of the General Counsel. (c) Pursuant to section 3730(c)(5) of title 31, United States Code, a private plaintiff under...


preparing, or presenting a particular case may not, in such case or a factually related case: (1) Participate in the hearing as the ALJ; (2) Participate...


a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or...


(b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias...


(b) Participate in any conference held by the ALJ; (c) Conduct discovery as provided under Sec. 185.122; (d) Agree to stipulations of fact or law, which shall...


made. (b) The ALJ has the authority to: (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Continue...


least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: ...


any relevant and material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings...


(2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. ...


the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements...


the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing. ...


an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may make any...


Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g. to exclude unreliable evidence. (c) The ALJ shall...


a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is...


in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the ALJ, and a designation of the paper (e.g., motion to...


act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which event...


and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the...


an order, rule, or procedure governing the proceeding; (2) Failure to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the...


determine whether the defendant is liable for a civil penalty or assessment under Sec. 185.103 and, if so, the appropriate amount of any such civil penalty or assessment...


the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that support...


(b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to...


exceed the actual cost of duplication. [[Page 61]] (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers...


shall fix the time for filing such briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record....


and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1) Whether the claims...


the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be 5 days from the date of mailing in the...


penalty or assessment may appeal [[Page 62]] such decision to the authority head by filing a notice of appeal with the authority head in accordance with...


transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.141] [Page 62] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.141 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. [[Page 63]] ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.142] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.142 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties and/or assessments under this part and specifies the procedures for such review. ...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.143] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.143 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


185.142 or Sec. 185.143, or any amount agreed upon in a compromise or settlement under Sec. 185.146, may be collected by administrative offset under section 3716 of title...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR185.145] [Page 63] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 185--PROGRAM FRAUD CIVIL REMEDIES--Table of Contents Sec. 185.145 Deposit in Treasury of the United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in section 3806(g) of title 31, United States Code. ...


to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on...


after the date on which such a claim or statement is made. (b) If the defendant fails to file a timely answer, service of a notice under Sec. 185.110(b) shall be deemed...


most parts, the applicability of the part is stated specifically in the part or is otherwise apparent from the substance of the part. [[Page 64]] (b)...


apply throughout this chapter, except when a defined term is specifically modified in or specifically defined for the purpose of a particular part. (b) In...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR211.101] [Page 65] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 211--VETERAN PREFERENCE--Table of Contents Sec. 211.101 Purpose. The purpose of this part is to define veterans' preference and the administration of preference in Federal employment. (5 U.S.C. 2108) ...


honorable discharge or under honorable conditions from active duty in the armed forces performed-- (1) In a war; or, (2) In a campaign or expedition for which...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR211.103] [Page 65] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 211--VETERAN PREFERENCE--Table of Contents Sec. 211.103 Administration of preference. Agencies are responsible for making all preference determinations except for preference based on a common law marriage. Such a claim should be referred to OPM's General Counsel for decision. [[Page 66]] ...


meaning given that term by section 2102 of title 5, United States Code, and includes: (1) All civilian positions in the executive branch of the Federal Government...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR212.102] [Page 66] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 212--COMPETITIVE SERVICE AND COMPETITIVE STATUS--Table of Contents Subpart A--Competitive Service Sec. 212.102 Authority to make determinations. OPM determines finally whether a position is in the competitive service. Subpart B [Reserved] ...


an individual's basic eligibility for noncompetitive assignment to a competitive position. Competitive status is acquired by completion of a probationary period under...


in the competitive service when he has competitive status and is in a competitive position under a nontemporary appointment. (b) An employee in the competitive service...


section 2103 of title 5, United States Code, and includes all positions in the executive branch of the Federal Government which are specifically excepted from the...


whether the duties and requirements of any particular position justify exception from the competitive service. Upon favorable determination, OPM will authorize the position...


appointing authorities available for use by all agencies shall be published as regulations in the Federal Register and the Code of Federal Regulations. (b) Establishment...


(a) When OPM specifies that appointments under a particular Schedule A, B, or C authority must be temporary, intermittent, or seasonal, or when agencies elect to make...


examine. Schedule A Upon specific authorization by OPM, agencies may make appointments under this section to positions which are...


(b) [Reserved] (c) Positions to which appointments are made by the President without confirmation by the Senate. (d) Attorneys. (e) Law clerk trainee...


3161(a). Appointments may not exceed 3 years, but temporary organizations may extend the appointments for 2 additional years if the conditions for extension are related to...


hold a competitive examination. (a) Upon specific authorization by OPM, agencies may make appointments under this section to positions which are not of a confidential...


hold a competitive examination. (a) Upon specific authorization by OPM, agencies may make appointments under this section to positions which are not of a confidential...
...


agencies may make appointments under this section to positions which are policy- determining or which involve a close and confidential working relationship with the head of...


C positions necessary to assist a department or agency head during the 1- year period immediately following a change in presidential administration, when a new department...


career appointee, limited term appointee, limited emergency appointee, and noncareer appointee have the meanings set forth in section 3132(a) of title 5, United...


Office of Personnel Management guidelines, which of its positions should be included in the Senior Executive Service. (b) Agency determinations may be reviewed by...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR214.203] [Page 79] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 214--SENIOR EXECUTIVE SERVICE--Table of Contents Subpart B--General Provisions Sec. 214.203 Reporting requirements. Agencies shall report such information as may be requested by OPM relating to positions and employees in the Senior Executive Service. [60 FR 6385, Feb. 2, 1995] ...


system essentially equivalent to the Senior Executive Service (SES) may, pursuant to legislative and regulatory authorities, enter into an agreement providing for...


(2) of title 5, United States Code, an agency, or unit thereof, may be excluded only under the provisions of section 3132 (c) through (f) of...


(a) General positions, which may be filled by a career, noncareer, limited emergency, or limited term appointee. (b) Career reserved positions, which may be filled only by...


reserved positions in accordance with the regulations in this section. (b) A position shall be designated as a career reserved position if: (1) The position (except...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR214.403] [Page 80] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 214--SENIOR EXECUTIVE SERVICE--Table of Contents Subpart D--Types of Positions Sec. 214.403 Change of position type. An agency may not change the designation of an established position from career reserved to general, or from general to career reserved, without the prior approval of the Office of Personnel Management. ...


to take personnel actions in a national emergency disaster. (a) Upon an attack on the United States, agencies are authorized to carry out whatever...


to make emergency-indefinite appointments in a national emergency. (a) When a national emergency exists--(1) Definition. A national emergency must meet all of...


personnel action authorized by this chapter, each agency shall comply with the qualification standards and regulations issued by the Office of Personnel Management, the...


through a delegation agreement developed between the agency and OPM. The agreement will set forth the conditions for application of the delegated authorities....


If OPM finds that an agency has taken an action contrary to a law, rule, regulation, or standard which OPM administers, it may require the agency to take corrective action. OPM...


(a) The regulations in this part apply to all Federal executive branch departments and agencies and their officers and employees. (b) This part provides a framework for...


this part, an association or organization: (a) Must be a lawful, nonprofit organization whose constitution and bylaws indicate that it subscribes to minimum standards of...


representing Federal employees and other organizations means an organization other than a labor organization that can provide information, views, and services which...


Organizations Sec. 251.201 Associations of management officials and/or supervisors. (a) As part of agency management, supervisors and managers should...


Organizations Sec. 251.202 Agency support to organizations representing Federal employees and other organizations. (a) An agency may provide support services to...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR251.301] [Page 85] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS--Table of Contents Subpart C--Dues Withholding Sec. 251.301 Associations of management officials and/or supervisors. Dues withholding for associations of management officials and/or supervisors is covered in 5 CFR 550.331. ...


Under 5 CFR 550.311(b), an agency may permit an employee to make an allotment for any legal purpose deemed appropriate by the head of the agency. Agencies may provide for...


development, maintenance, processing, use, dissemination, and safeguarding of personnel records which the Office of Personnel Management requires agencies to maintain...


Government corporation, Government controlled corporation, or other establishment in the Executive Branch of the Government (including the Executive Office of...


access to or involved in the creation, development, processing, use, or maintenance of personnel records are informed of pertinent recordkeeping regulations and requirements...


those records are in a system of records, used in whole or in part in making a determination about an individual's rights, benefits, or privileges under Federal personnel...


describing how individuals exercise rights guaranteed by the First Amendment are prohibited unless expressly authorized by statute, or by the individual concerned,...


personnel records, in whatever form, each agency shall establish administrative, technical, and physical controls to protect information in personnel records...


of Sec. 293.106 of this part, managers of automated personnel records shall establish administrative, technical, physical, and security safeguards for data...


employees responsible for creation, development, maintenance, processing, use, [[Page 89]] dissemination, and safeguarding of personnel records. The Office...


determine when personnel records on individuals are subject both to the regulations contained in this part and to Office or agency regulations implementing the Privacy Act of...


publishes in the Federal Register a notice of system of records for personnel records which are maintained by the agencies or by the Office, that system of records...


practices will be conducted to insure compliance with Office regulations. The Office may direct agencies to take whatever corrective action is necessary. Office or...


1978); 5 U.S.C. 1302, 3 CFR 1954-1958 Compilation; 5 CFR 7.2; E.O. 9830; 3 CFR 1943-1948 Compilation. Source: 50 FR 3309, Jan. 24, 1985, unless...


(OPF) for each employee occupying a position subject to this part, except as provided in Sec. 293.306. Except as provided in the Guide to...


[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR293.303] [Page 90] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 293--PERSONNEL RECORDS--Table of Contents Subpart C--Official Personnel Folder Sec. 293.303 Ownership of folder. The OPF of each employee in a position subject to civil service rules and regulations is under the jurisdiction and control of, and is part of the records of, the Office of Personnel Management (the Office). ...


the reports of selection and other personnel actions named in section 2951 of title 5, United Stat